Alcohol & Drugs: DUI, DWI Open Container Law
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army judge
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Possession of open containers of alcoholic beverages in vehicles is prohibited under Florida Statutes 316.1936 and anyone found with an "open container" in their vehicle will have to face penalties, including possible jail time, fines and a criminal conviction on their record.
These laws apply in cities and counties all over Florida as well, making it illegal for anyone to possess an open container of alcohol in the city or county when in a public place.
An open container is defined as "any container that is immediately capable of being consumed from, or the seal of which has been broken". According to law, open containers must be carried in a locked glove compartment, locked trunk, or other non-passenger area of the vehicle.
An open container may be defined as a bottle, can, jar or any other vessel that can hold alcohol, in the form of wine, beer, spirits or liquor with a broken seal or open top. Open containers also refer to any receptacle which has alcohol partially or fully removed, such as empty wine bottles.
Any driver travelling with an open container anywhere in the vehicle, other than a locked compartment is guilty of a non-criminal moving violation and will be subject to a fine. This law applies to those drivers too who are not in physical control of the container. Open container laws are not only applicable to the drivers, but they are also applicable to passengers. If a passenger is found in possession of an open container of alcohol, he or she is also guilty of non-moving violation, which is a crime punishable by a fine.
Bottom line, plead not guilty, or pay the fine.
The choice is yours. If you plead not guilty, you can tell your side of the story to a judge.
Make sure you read the instructions printed on your citation.
If you're over 21, that's about it.
If you aren't 21, you really should retain an attorney. Why? Because you're probably facing MIP or MIC charges, too.
smithdennis
Banned
The penalties of open container laws in the state and jurisdiction are maximum $500 fine and spend up to three months in jail. These amounts shown do not include any additional penalties, fees, assessments, or surcharges that may accrue under the jurisdictions' laws.
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